Mining in the Philippines - Concerns and Conflicts

5. Recommendations
The FFT offers the following comments and suggestions. These are informed by our various
experiences, informants in the Philippines, existing practice in other parts of the world and emerging
standards suggested by authoritative international processes 115 .
The context of our comments is that the current thrust for mining expansion in the Philippines is
clearly deeply divisive. We were profoundly disturbed and surprised by the negative impacts and
negative perceptions of mining proposals and the widespread opposition to mining in many areas.
Our suggestions are focused on constructive steps to address these widespread concerns. Since the
passage of the Mining Code in 1995 there have been significant changes in the global economic and
environmental situation. We hope, therefore, that this is accepted as a good time for a reappraisal.
The team is aware that some of its recommendations would require increased financing. We can only
observe that the potential for social division and environmental damage and impoverishment which
might result from a failing process argue strongly for this investment. The final report of the
Extractive Industries Review of Dr Emil Salim 116 made the point that if mining is to have beneficial
outcomes for the poor then a pre-requisite is strong checks and balances in governance that provide
adequate protection for the interests of the weak and marginal. We support his view and we feel that
international, national and non-government financial support should be directed to this end.
It is of great concern to the FFT that the international community seems, so far, to be more interested
in uncritically promoting their national investment opportunities than facing up to the environmental
and social damage that may result.
1. Recommended urgent actions by the Philippine government
1.1 The Philippine government should demonstrate that it is willing to adhere to its own laws and
international mining best practice and standards by immediately canceling all current mining
applications which will inevitably cause major environmental damage to critical watersheds, ecosystems,
agriculture or fisheries and result in social disruption, such as those in Midsalip visited by
the team. This should include cases where there is strong evidence of serious inadequacies in the
consultation and consent processes.
Best International practice would also require:
• That mining licenses should not be issued in conflict zones as recommended by the Extractive
Industry Review.
• The adoption of the precautionary approach to mining as required by the Rio Declaration -
this would require a ban on submarine and riverine tailings disposal and marine mining.
• That no further mining licenses be issued until adequate enforceable legislation and controls
are put in place to protect the environment and the economic, social, cultural, civil and
political human rights of the indigenous peoples mining impacted communities and the needs
of future generations
1.2 Regulation and redress. Effective regulation and access to redress are essential both within and
outside the Philippines. The current trend towards self-regulation is inappropriate to the potential
seriousness of mining impacts. The shift of government from ‘regulator of mining’ to ‘active promoter
of mining’ sets up a conflict of interest which tends to undermine confidence in the impartiality of
government agencies, especially at the community level. We recommend that all relevant government
agencies confine their activities to the impartial regulation of mining.
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